Mississippi Today
Indianola police officer suspended in shooting of an 11-year-old faces second abuse-related lawsuit
An active duty Army staff sergeant is accusing an Indianola police officer already under investigation in a separate case of tasing him, choking him and pointing a gun at him while handcuffed in December 2022, according to a federal lawsuit filed last week.
Kelvin Franklin, 33, made the allegations against Officer Greg Capers, who has been suspended without pay and faces legal action in a separate incident: the May 2023 shooting of 11-year-old Aderrien Murry.
Carlos Moore is representing Franklin and the boy’s family in their respective lawsuits. In both interactions, the attorney said Capers escalated the situation. Capers’ alleged aggressive response came when Franklin arrived at his then-fiance’s house to retrieve a bag and after Aderrien called for help during a domestic situation.
“In both instances I believe both results would have been a lot safer if Greg Capers didn’t arrive at either scene,” Moore said.
Franklin’s lawsuit asks for a jury trial and for at least $500,000 to be awarded to cover compensatory and punitive damages, attorney fees and interest.
Cleveland attorney Michael Carr is representing Capers in proceedings for an aggravated assault charge the boy’s mother filed against the officer and in a $5 million federal lawsuit filed on Aderrien’s behalf.
Carr declined to comment Thursday because it was the first he had heard about Franklin’s lawsuit. He also doesn’t know if Capers has been served and is aware of the suit, which was filed Aug. 28.
The city of Indianola, Police Chief Ronald Sampson and five unnamed officers are also named as defendants. The lawsuit alleges Capers’ actions are the result of the city and police chief’s policy and failure to supervise and train officers.
The city defendants have not responded in writing to the lawsuit, and a representative from the police department did not respond to a request for comment Thursday.
The night of Dec. 30, 2022, Franklin was traveling home with his then-fiance’s cousin from Camp Shelby to his fiance’s residence in Indianola.
Once in Indianola, the lawsuit details how, as Franklin exited the car and went back to get a parking decal from inside the car, the fiance misread the situation and called 911.
Seeing the driveway was blocked, Moore said Franklin approached the cousin about moving their vehicle, and the fiance thought they were arguing. She called the police “out of an abundance of caution,” Moore said.
When Capers and the other officers arrived, Franklin told them he was there to retrieve a bag before returning to Camp Shelby, according to the lawsuit. He also said he had a firearm, which one of the unnamed officers took.
Capers pulled his gun on Franklin then put it back into the holster only to grab his taser, using it on Franklin up to four times and choking him, according to the lawsuit.
Franklin told the officers he was in pain and only had one kidney, but his request for medical attention was ignored and he was taken to the Sunflower County Jail, where paramedics evaluated him but didn’t treat him, according to the lawsuit.
When Franklin was released from jail a day later, he sought treatment at Forrest General Hospital in Hattiesburg because he was in pain and felt sick and weak, Moore said. Franklin had a dehydrated kidney and injuries to his neck, stomach and right hand, according to the lawsuit.
Moore said a bystander who knows Franklin filmed a portion of his encounter with police.
In the 3 ½-minute video shared with Mississippi Today, blue lights illuminate some of the darkness. Franklin is seen standing with his hands out to the side when an officer tases him. He bends over with a hand on his stomach and then falls to the ground. An officer starts to handcuff him.
The man filming makes several comments as the taser crackles and Franklin cries out.
“Put your hands behind your back, you’re fixing to get it again,” an officer says right before Franklin is tased.
The lawsuit alleges Capers acted suddenly when he drew his firearm and pointed it toward Franklin, who questioned the officer: “I haven’t done anything wrong for you to shoot me,” according to the suit. This moment was not captured on video.
Moore said body camera footage from the officers exists, and he plans to request it through discovery.
Franklin, who has been deployed in Kuwait since May, has over 16 years of military service, Moore said. Not only did the experience leave him mentally distraught and emotionally drained, but he worried about how the incident could have put his military career in jeopardy.
“It’s been an ordeal,” Moore said about how his client is doing.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Did you miss our previous article…
https://www.biloxinewsevents.com/?p=285948
Mississippi Today
On this day in 1955
Feb. 2, 1955
Less than a year after the U.S. Supreme Court had desegregated public schools, U.S. Rep. Adam Clayton Powell Jr. rose on the House floor.
A Baptist preacher to a congregation of 10,000 in Harlem, he was one of only three Black Americans in Congress. Since getting elected to Congress a decade earlier, he had introduced many civil rights bills. None had passed. After introducing legislation to desegregate the armed forces, then-President Harry Truman wound up doing it through an executive order.
As Powell stepped to the microphone, he chastised Congress for failing to make a difference. He and others had introduced civil rights bills, “pleading, praying that you good ladies and gentlemen would give to this body the glory of dynamic leadership that it should have, but you have failed, and history has recorded it,” he said.
“This is an hour for boldness. This is an hour when a world waits breathlessly, expectantly, almost hungrily for this Congress, the 84th Congress, through legislation to give some semblance of democracy in action. … We are derelict in our duty if we continue to plow looking backward.”
He noted that when a House committee was considering legislation to end segregation in interstate travel, Lt. Thomas Williams was arrested and jailed, even though the Supreme Court had told bus carriers to end such segregation.
“About two weeks ago, while flying a jet plane, he was killed serving his country before he had a chance to see democracy come to pass,” Powell said.
Although his legislation failed, he kept pushing for change, telling crowds, “Keep the Faith, Baby!” The civil rights rider he introduced became part of the historic Civil Rights Act of 1964, which helped change America.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1960
Feb. 1, 1960
Four Black freshmen students from North Carolina A&T — Franklin McCain, Joseph A. McNeil, David L. Richmond and Ezell A. Blair Jr. — began to ask themselves what they were going to do about discrimination.
“At what point does a moral man act against injustice?” McCain recalled.
McNeil spoke up. “We have a definite purpose and goal in mind,” he said, “and with God on our side, then we ask, ‘Who can be against us?’”
That afternoon, they entered Woolworth’s in downtown Greensboro. After buying toothpaste and other items inside the store, they walked to the lunch counter and sat down.
They ordered coffee, but those in charge refused to serve them. The students stood their ground by keeping their seats.
The next day, they returned with dozens of students. This time, white customers shouted racial epithets and insults at them. The students stayed put. By the next day, the number of protesting students had doubled, and by the day after, about 300 students packed not just Woolworth’s, but the S.H. Kress Store as well.
A number of the protesting students were female students from Bennett College, where students had already been gathering for NAACP Youth Council meetings and had discussed possible sit-ins.
By the end of the month, 31 sit-ins had been held in nine other Southern states, resulting in hundreds of arrests. The International Civil Rights Center & Museum has preserved this famous lunch counter and the stories of courage of those who took part in the sit-ins.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
At least 96 Mississippians died from domestic violence. Bills seek to answer why
At least 96 Mississippians died from domestic violence. Bills seek to answer why
Nearly 100 Mississippians, some of them children, some of them law enforcement, died last year in domestic violence-related events, according to data Mississippi Today collected from multiple sources.
Information was pulled from local news stories, the Gun Violence Archive and Gun Violence Memorial and law enforcement to track locations of incidents, demographics of victims and perpetrators and any available information about court cases tied to the fatalities.
But domestic violence advocates say Mississippi needs more than numbers to save lives.
They are backing a refiled bill to create a statewide board that reviews domestic violence deaths and reveals trends, in hopes of taking preventative steps and making informed policy recommendations to lawmakers.
A pair of bills, House Bill 1551 and Senate Bill 2886, ask the state to establish a Domestic Violence Fatality Review Board. The House bill would place the board in the State Department of Public Health, which oversees similar existing boards that review child and maternal deaths, and the Senate version proposes putting the board under the Department of Public Safety.
“We have to keep people alive, but to do that, we have to have the infrastructure as a system to appropriately respond to these things,” said Stacey Riley, executive director of the Gulf Coast Center for Nonviolence and a board member of the Mississippi Coalition Against Domestic Violence.
“It’s not necessarily just law enforcement, just medical, just this,” she said. “It’s a collaborative response to this to make sure that the system has everything it needs.”
Mississippi is one of several states that do not have a domestic violence fatality review board, according to the National Domestic Violence Fatality Review Initiative.
Without one, advocates say it is impossible to know how many domestic fatalities and injuries there are in the state in any year.
Riley said data can tell the story of each person affected by domestic violence and how dangerous it can be. Her hope is that a fatality review board can lead to systemic change in how the system helps victims and survivors.
Last year, Mississippi Today began to track domestic violence fatalities similar to the way the board would be tasked to do. It found over 80 incidents in 2024 that resulted in at least 100 deaths.
Most of the victims were women killed by current and former partners, including Shaterica Bell, a mother of four allegedly shot by Donald Demario Patrick, the father of her child, in the Delta at the beginning of that year. She was found dead at the home with her infant. One of her older children went to a neighbor, who called 911.
Just before Thanksgiving on the Coast, Christopher Antoine Davis allegedly shot and killed his wife, Elena Davis, who had recently filed a protection order against him. She faced threats from him and was staying at another residence, where her husband allegedly killed her and Koritnik Graves.
The proposed fatality review board would have access to information that can help them see where interventions could have been made and opportunities for prevention, Riley said.
The board could look at whether a victim had any domestic abuse protection orders, law enforcement calls to a location, medical and mental health records, court documents and prison records on parole and probation.
In 2024, perpetrators were mostly men, which is in line with national statistics and trends about intimate partner violence.
Over a dozen perpetrators took their own lives, and at least two children – a toddler and a teenager – were killed during domestic incidents in 2024, according to Mississippi Today’s review.
Some of the fatalities were family violence, with victims dying after domestic interactions with children, parents, grandparents, siblings, uncles or cousins.
Most of the compiled deaths involved a firearm. Research has shown that more than half of all intimate partner homicides involve a firearm.
A fatality review board is meant to be multidisciplinary with members appointed by the state health officer, including members who are survivors of domestic violence and a representative from a domestic violence shelter program, according to the House bill.
Other members would include: a health and mental health professionals, a social worker, law enforcement and members of the criminal justice system – from prosecutors and judges to appointees from the Department of Public Safety and the attorney general’s office.
The House bill did not make it out of the Judiciary B Committee last year. This session’s House bill was filed by the original author, Rep. Fabian Nelson, D-Byram, and the Senate version was filed by Sen. Brice Wiggins, R-Pascagoula.
The Senate bill was approved by the Judiciary A Committee Thursday and will proceed to the full chamber. The House bill needs approval by the Public Health and Human Services Committee by Feb. 4.
“The idea behind this is to get at the root cause or at least to study, to look at what is leading to our domestic violence situation in the state,” Wiggins said during the Judiciary A meeting.
Luis Montgomery, a public policy and compliance specialist with the Mississippi Coalition Against Domestic Violence, has been part of drafting the House bill and is working with lawmakers as both bills go through the legislative process.
He said having state-specific, centralized data can help uncover trends that could lead to opportunities to pass policies to help victims and survivors, obtain resources from the state, educate the public and see impacts on how the judicial system handles domestic violence cases.
“It’s going to force people to have conversations they should have been having,” Montgomery said.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
-
News from the South - Alabama News Feed5 days ago
Trump’s federal funding freeze leads to confusion, concern among Alabama agencies, nonprofits • Alabama Reflector
-
Kaiser Health News5 days ago
Trump’s Funding ‘Pause’ Throws States, Health Industry Into Chaos
-
News from the South - Kentucky News Feed6 days ago
Kentucky’s bourbon industry worries as potential 50% EU-imposed tariffs loom
-
News from the South - Tennessee News Feed6 days ago
1-year-old killed during domestic dispute in Murfreesboro
-
News from the South - Kentucky News Feed2 days ago
WKU Mourns Loss Of Cross Country/Track & Field Head Coach Brent Chumbley
-
News from the South - Florida News Feed6 days ago
Spanberger and Earle-Sears want to make history in Virginia. But voters have election exhaustion
-
Local News5 days ago
Former Ole Miss QB Jaxson Dart continues to impress as the first Reese’s Senior Bowl practice wrapped up on Tuesday
-
News from the South - Georgia News Feed4 days ago
“Very hard to believe”, locals react to arrest Lincoln County commissioner in child molestation investigation